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Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017

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PART 2 E+WGENERAL PROVISIONS

PartnershipsE+W

3E+WIn this Act, a “"partnership”” means—

(a)a partnership within the Partnership Act 1890 (c. 39);

(b)a limited partnership registered under the Limited Partnerships Act 1907 (c. 24);

(c)a limited liability partnership formed under the Limited Liability Partnerships Act 2000 (c. 12);

(d)a firm or entity of similar character to any of those mentioned above formed under the law of a country or territory outside the United Kingdom.

Commencement Information

I1Sch. 7 para. 3 in force at 1.4.2018 by S.I. 2018/34, art. 3

Chargeable interests treated as held by partners etc.E+W

4(1)For the purposes of this Act—E+W

(a)a chargeable interest held by or on behalf of a partnership is treated as held by or on behalf of the partners, and

(b)a land transaction entered into for the purposes of a partnership is treated as entered into by or on behalf of the partners,

and not by or on behalf of the partnership as such.

(2)Sub-paragraph (1) applies despite a partnership being regarded as a legal person, or as a body corporate, under the law of the country or territory under which it is formed.

Commencement Information

I2Sch. 7 para. 4 in force at 1.4.2018 by S.I. 2018/34, art. 3

Acquisition of interest in partnership not chargeable except as specially providedE+W

5E+WThe acquisition of an interest in a partnership is not a chargeable transaction despite the partnership property including land, except as provided by—

(a)paragraph 18 (transfer of interest pursuant to earlier arrangements);

(b)paragraph 34 (transfer of interest in property-investment partnership).

Commencement Information

I3Sch. 7 para. 5 in force at 1.4.2018 by S.I. 2018/34, art. 3

Continuity of partnershipsE+W

6E+WFor the purposes of this Act, a partnership is treated as the same partnership despite a change in membership if any person who was a member before the change remains a member after the change.

Commencement Information

I4Sch. 7 para. 6 in force at 1.4.2018 by S.I. 2018/34, art. 3

Partnership not to be regarded as a unit trust scheme etc.E+W

7E+WFor the purposes of this Act, a partnership is not to be regarded as a unit trust scheme or an open-ended investment company.

Commencement Information

I5Sch. 7 para. 7 in force at 1.4.2018 by S.I. 2018/34, art. 3

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